Legal Frameworks and Models for the Application of Assisted Reproductive Technologies

Legal Frameworks and Models for the Application of Assisted Reproductive Technologies Presented by: Prof. Dr. Sobczyk Date: April 14, 2025 Introduction - The use of models as a way of learning about reality in legal sciences is of interest to lawyers dealing with various branches of law. - The subject of my speech is to answer several basic questions: • 1) How are models of ART application distinguished? • 2) What models of assisted reproductive technology use can be distinguished on the basis of international law and national law on assisted reproductive technologies? • 3) Is it possible, necessary and desirable to create a one-size-fits-all model for the use of Assisted Reproductive Technologies? • 4) Which model should be considered optimal from the perspective of the protection of the dignity and rights of the child, and which from the perspective of adults? Question No. 1) How Are The Models Of ART Application Distinguish? - The models of application of ART have been distinguished on the basis of international law of a universal and regional nature and the laws of individual countries. - The models are the result of a comparative legal analysis carried out by: • international organizations, • non-governmental organizations • experts in various sciences. Question No. 2) What Models Of The Use Of Assisted Reproductive Technologies Can Be Distinguished...? - Despite common international legal bases of a universal and regional nature, the legal provisions concerning ART. differ from one country to another. - Most often, there are three or four main models of ART, which determine the availability, admissibility and scope of procedures. • 2.1.) The liberal model It is based on legal provisions that provide wide access to ART., with minimal restrictions on eligible groups, methods of use and protection of embryos. Several common features: • o Wide accessibility for various social groups. o Various ART methods are allowed. o Less regulation of embryo protection. o Legality of surrogacy. 2.2.) Moderately restrictive / restrictive model In various models of ART application systems, restrictive systems are treated as one model, while in some models a restrictive model and a moderately restrictive model are distinguished. This model is based on a balance between access to ART and the protection of ethical, religious and social values. Common features of this model: o Limited availability. o Strict embryo protection. o Gamete and embryo donation. • o PGD Limitations. o Ban on surrogacy. 2.3.) The prohibitive model The model prohibiting ART is the most restrictive legal approach, in which ART procedures are completely banned or practically unavailable. In countries applying this model, not only is the right to ART restricted, but its use is often penalized. Several common features: o Assisted reproductive technologies are banned. o Strict embryo protection. o Ban on gamete and embryo donation. o Ban on surrogacy. o Penalization of violations. Question No. 3) Is It Possible And Necessary To Create A One-Size-Fits-All Model For The Use Of ART? - The answer to this question seems to be simple: "NO" twice. - Due to many factors shaping the approach of individual countries to ART, this is impossible at the current stage of legal development. - In the case of many countries, national regulations are more favorable to children than the relatively liberal international standards of ART. Question No. 4) Which Model Should Be Considered Optimal From The Perspective Of The Protection Of The Dignity And Rights Of The Child, And Which From The Perspective Of Adults? - The answer to this question is also a summary of my paper. - The presented models, like virtually any modelling, even with the use of a good methodology, with about 200 national legal systems, are burdened with simplifications and perhaps not very accurate qualifications. - Bearing in mind the values, principles and rights characteristic of the countries of Central Europe, it is necessary to postulate the broadest possible protection of the dignity and rights of the conceived child with the application of ART.